A Variation Agreement is essential when parties need to modify an existing contract while keeping it in force. It's commonly used in Canadian business practice when circumstances change, requiring amendments to commercial terms, timelines, scope of work, or other contractual provisions. This document type ensures legal certainty by clearly documenting the agreed changes, their effective date, and their impact on the original agreement. The Variation Agreement must comply with Canadian contract law requirements, including consideration principles and any relevant provincial statutory requirements. It's particularly valuable in complex commercial relationships where maintaining clear documentation of contract evolution is crucial for risk management and compliance purposes.
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1. Parties: Full legal names and details of all parties to the variation agreement
2. Background: Identifies the original agreement being varied, its date, and the parties' desire to vary it
3. Definitions: Defines the Original Agreement and any new terms introduced by the variation
4. Interpretation: Sets out how the variation agreement should be read and interpreted
5. Variation: Clearly states each amendment or variation to the original agreement
6. Effective Date: Specifies when the variations take effect
7. Confirmation: Confirms that all other terms of the original agreement remain unchanged
8. Costs: Addresses who bears the costs of preparing and implementing the variation
9. Governing Law: Confirms the governing law of the variation agreement
10. Execution: Signature blocks and execution provisions
1. Conditions Precedent: Include if the variations are subject to certain conditions being met
2. Representations and Warranties: Include if new representations are required regarding the variation
3. Third Party Rights: Include if the variation affects rights of third parties
4. Regulatory Approvals: Include if the variation requires regulatory or third-party approvals
5. Transitional Provisions: Include if specific arrangements are needed to implement the variations
6. Further Assurance: Include if parties need to take additional actions to give effect to the variations
1. Schedule of Variations: Detailed list of all specific changes being made to the original agreement
2. Amended and Restated Clauses: Full text of any clauses being completely replaced or substantially modified
3. Consent Letters: Any third-party consents required for the variation
4. Supporting Documents: Any additional documents referenced in or required by the variation
5. Comparison Version: Marked-up version showing changes against the original agreement
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Real Estate
Manufacturing
Technology
Retail
Healthcare
Construction
Energy
Transportation
Professional Services
Telecommunications
Mining
Agriculture
Education
Relevant Teams
Legal
Commercial
Procurement
Compliance
Risk Management
Operations
Finance
Business Development
Contract Administration
Relevant Roles
Legal Counsel
Contract Manager
Commercial Director
Chief Legal Officer
Business Development Manager
Project Manager
Procurement Manager
Risk Manager
Compliance Officer
Operations Director
Chief Financial Officer
Account Manager
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